Request to investigate spending by the UBE Commission and its Zonal offices

Hon. Justice Emmanuel Olayinka Ayoola

Chairman

Independent Corrupt Practices and Other Related Offences Commission

(ICPC)

Plot 802 Constitution Avenue

Central District,

Abuja



Dear Sir, Re: Make sufficient resources available to facilitate the appointment of independent counsel to investigate and prosecute 24 state governors accused of corruption

The Socio-Economic Rights and Accountability Project, (SERAP) is writing to request you to urgently make available sufficient resources that will facilitate the appointment of an independent counsel to investigate and prosecute allegations of corruption against 24 state governors. SERAP is a human rights non-governmental organization whose mandate include to promote and ensure respect for socio-economic rights of Nigerians, and to promote transparency and accountability in the public and private sectors through human rights.

Last month, the Independent Corrupt Practices and other Related Offences Commission (the Commission) revealed that 24 state governors had been referred to the Chief Justice of Nigeria, Mohammed Uwais for corruption trial. However, the Commission stated that the Chief Justice had not appointed independent investigators on the cases of the governors because there was no fund to hire the investigators. According to the Commission, hiring of independent investigators would cost approximately 20 million naira. Without the availability of the required funds, the process of investigating and prosecuting the governors would not commence.

Section 52 of the Corrupt Practices Act requires the Chief Justice of Nigeria to authorise an independent counsel to investigate any allegation of corruption against high level public officers, including state governors or deputy governors, and to report his findings to the relevant state house of assembly. However, the continuing refusal and/or negligence of your government to make available the required funds and resources for the appointment of an independent counsel is seriously undermining the full and effective implementation of the above statutory provision. It is also impeding the work of the Commission, and constitutes a threat to its independence and impartiality.

Without the freedom of action, competence and resources required to carry out its activities, there is little chance that the Commission can do serious and sustained work in the field of corruption. In the end, the Commission may not be able to make any impact on the problems of corruption in the country. Most importantly, refusing and/or neglecting to provide the needed fund is a fundamental breach of your Constitutional responsibility, and inconsistent and incompatible with Nigeria’s obligations under the UN Convention against Corruption, which the country recently ratified.

Under Chapter 2 of the 1999 Constitution dealing with Fundamental Objectives and Directive Principles of State Policy, high-level public officials including the president have a clear obligation to “eradicate all corrupt practices and abuse of power.” Furthermore, the president of Nigeria is constitutionally required to “prevent the exploitation of Nigeria’s human and natural resources for any reasons other than for the good of the community.”

In addition, under the UN Convention against Corruption, Nigeria has a clear obligation to “promote and strengthen measures to prevent and combat corruption more efficiently and effectively.” States parties to the Convention must not only establish anti-corruption body capable of implementing, overseeing and coordinating anti-corruption activities, but they are also obligated to grant any such body “the necessary independence and human and material resources to enable it carry out its functions effectively and free of any undue influence.”

The recent revelations by the UN that an estimated $100 billion in funds have been looted from Nigeria and stashed in foreign banks illustrate the need for your government to help address corruption among high level government officials, which has deepened poverty in the country, and contributed to the systematic violations of internationally recognized social and economic rights of the citizens, including the rights to food, health, and education.

Continuing to deny necessary resources to appoint an independent counsel to investigate and prosecute the 24 state governors for corruption would only continue to cast doubt on the seriousness of the Nigerian government to deal with corruption, and reinforce the existing culture of impunity of perpetrators. SERAP believes that it is the involvement of many high-level Nigerian public officials in corruption and the display of unsubstantiated wealth that have precipitated corruption among low level public servants, leading to the impunity for perpetrators.

SERAP therefore calls on you to carry out your Constitutional responsibility diligently and to faithfully implement Nigeria’s obligations under the UN Convention against Corruption by allocating the necessary fund to facilitate the appointment of an independent counsel to investigate and prosecute the 24 state governors already referred to the Chief Justice.

We further call on you to take measures to address fully the concerns expressed in this letter. If by 10 May 2006 no concrete steps have been taken to achieve the above request, the Registered Trustees of SERAP will institute appropriate legal proceedings nationally and internationally against your office and the government of Nigeria in order to compel full compliance with Constitutional provisions and international standards.

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